Nigeria: At Leadership Twitter Spaces - Stakeholders Absolve Judges, Blame 9th Nass for Atiku, Obi's Loss At Tribunal

11 September 2023

Nigerians have voiced their feelings concerning the verdict of the Presidential Election Petition Court (PEPC) with stakeholders blaming lawmakers over the passage of the 2022 Electoral Act, saying they created room for rigging and producing of results which petitioners cannot void.

Specifically, the stakeholders asked Nigerians to mount pressure on the National Assembly to pass laws allowing full electronic voting and transmission of election results, even as they asserted that the judges' verdict was based on the provisions of the law.

They spoke at the weekly LEADERSHIP Twitter Spaces (Now X) with several stakeholders insisting that Nigerians should vent their anger on the lawmakers and not Judges.

Former national legal adviser of the People's Democratic Party (PDP), Barr Mark Jacob, said that Nigerians should transfer their anger at the National Assembly members that passed an electoral act that provided room for rigging rather than the judges who applied the law.

Also, former minority leader of the Kaduna State House of Assembly, who also served as commissioner of education, Prof Usman Modibbo, said the electoral act was drafted to give escape routes for people who can manipulate the electoral process.

Speaking at the LEADERSHIP Twitter Spaces, Barr Mark Jacob, who listened to the judgement, added that based on the provisions of the law, the judges should be commended for their verdict.

"Don't transfer anger on the justices of the court. People are refusing to follow what is stated in section 25 of the electoral act 2022 which has a provision for manual collation in all the process," Jacob said, adding that there cannot be a perfect election if there is a manual process of result collation.

"All this anger on the Judiciary will not solve the problem. Nigerians were deceived, not by the judges, but by the lawmakers. If INEC should decide what to do on the day of election as provided by law, that provision rubbishes the entire process.

"The law is what the judges are expected to interpret and execute. We are not hammering on the people that made the law. We have lazy people that we are electing to the National Assembly who don't want to change the process, and they ensured that nothing was changed during the electoral act amendment," Jacob said.

He went on: "We are busy expressing anger at the judges. Some of them are difficult to buy. They are respected. If you make allegations, you must come to defend it; show how the malpractices affected the outcome of the election; is your allegation enough to cancel the election results or do the malpractices or lack of conformity by the electoral officers affect the final outcome of the election?

"I am a member of the PDP, but attacking the judiciary or rubbishing the judiciary will not help. It is the people at the National Assembly we should be looking at. The law as it exists is the problem. The electoral act is the problem. There are terrible provisions in the electoral act; even the judges cannot help.

According to him, no court will give a litigant what is not contained in the law.

"I was shocked that the judges took this time to do this work. We should commend the judges for doing a good job. It could be palatable and it could be unpalatable once you are in court. All those who contested the election have benefited from the judiciary before. I was national legal adviser of the PDP and I know how people have benefitted from the court. So, the law is the problem," Jacob added.

Corroborating Jacob's submission, Prof Usman Modibo said the electoral act was drafted to give an escape route to anyone who can manipulate the electoral process.

"But INEC can't manipulate election results without the support of Nigerians. Some of the party agents were also compromised," Modibbo said.

But to the former national chairman of the Inter-party Advisory Council (IPAC), High Chief Peter Ameh, the fault in the electoral act should not prevent Nigerians from holding public officials accountable, including INEC and the judges.

"Our judges must do better. There must be equity and balance. We should not condemn the process. Our elections are going back to the days of ballot stuffing.

"In that election, it was agreed that the election will be transmitted electronically, but they allowed INEC to decide. And INEC agreed to do the transmission electronically, only to change the goal post. INEC should apologise to Nigeria. It's about holding public officers accountable," Amen stated.

On her part, the CEO of House of Justice, Barr Gloria Ballason, said there is no way such huge money will be earmarked for such exercise as electronic voting and transmission of election results, and it is abandoned.

"With what INEC did, we have now elevated impunity. There is no way BIVAS will work in the National Assembly election and fail in the presidential election the same day.

"If the foundation has been destroyed, there is nothing credible litigants will do. The personality of the president is not determined.

"The Supreme Court should review the judgement of the PEPC considering INEC's preparation and conduct of the election.

"We've had a lot of reactions that we must go back and review our institutions and ensure that the right values are mandatory in our society," she said.

Come Clean On CTC Header, LP Tells Judges

Meanwhile, the Labour Party (LP) has asked Nigerian judges to reveal the truth about the Certified True Copies (CTC) of the recent judgement by the Presidential Election Petition Court (PEPC) which had the imprint, "Tinubu Presidential Legal Team" (TPLT).

According to the Labour Party, Nigerians are curious about such happenstance that has inevitably generated storm and controversy.

A statement issued by the national publicity secretary of the LP, Mr Obiora Iffoh, said their party was very disturbed by the delay in releasing the judgement expeditiously, only to be confronted with this befuddlement. The public is equally at pains trying to comprehend what is happening.

"The onus of explaining and dousing the unfolding controversy rests on the PEPC and the TPLT, the imprint owners. Clearly, the header is not a watermark. We note that only some of the petitioners received the same version.

"In a highly contentious case with dire national interest and implications, confirming that the PEPC did not confer any advantage, rights, or privileges to any party is imperative. This development must be cleared up quickly to avoid conjectures and the belief that something untoward happened. This cannot be the case of another glitch.

"The unsigned and undated statement issued purportedly by a senior counsel on behalf of the Tinubu Legal Team is misconceived and empty. The senior counsel claimed that the header is a watermark! It is not and can never be. Typically, a watermark is a faint imprint or design made on some papers during production, and which can be seen when held up to the light. It helps in checking the genuineness of the paper."

According to the party, it is the senior counsel that is responsible for unsubstantiated claims and should not pass the buck to innocent parties.

"We of the Labour Party place it on record that the counsel who collected the judgement on behalf of our party and our candidate did so long after a representative of Tinubu Legal Team.

"Meanwhile, we call on the PEPC and APC to come clean on the CTC imprint and disclose whose imprimatur is inscribed on the entire judgement. Nigerians deserve the right to know and are demanding urgent answers," it added.

Verdict Reaffirms Confidence In Judiciary - APC Ex-Senators

Meanwhile, former senators on the platform of the All Progressives Congress (APC) have applauded the verdict of the Presidential Election Petitions Court (PEPC) which affirmed the election of President Bola Tinubu, saying the pronouncement has reasserted the confidence of Nigerians in the nation's judiciary.

In a statement signed by its convener, Senator Basheer Lado, the former federal lawmakers, under the auspices of APC Non-Serving Senators' Group, commended the judges for what they described as "their exemplary dedication and thorough deliberation that led to a landmark ruling.

"The verdict reaffirms the trust and confidence that Nigerians have in the judiciary as the bedrock of our democracy. The commitment to upholding the rule of law and delivering a just decision is commendable and it strengthens our democracy," they noted.

The former senators implored Nigerians to rally behind the Tinubu administration, just as they expressed optimism that the administration would usher in a new era of progress and prosperity for Nigeria.

"The APC Non-Serving Senators' Group urges all Nigerians to rally behind President Bola Ahmed Tinubu and Vice President Kashim Shettima as we work together to address the challenges facing our nation and build a brighter future for all citizens," the statement made available to LEADERSHIP further noted.

AllAfrica publishes around 600 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.